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U.S. Code as of:
01/19/04
Section 37. Immunity from antitrust laws
(a) Inapplicability of antitrust laws
Except as provided in subsection (d) of this section, the
antitrust laws, and any State law similar to any of the antitrust
laws, shall not apply to charitable gift annuities or charitable
remainder trusts.
(b) Immunity
Except as provided in subsection (d) of this section, any person
subjected to any legal proceeding for damages, injunction,
penalties, or other relief of any kind under the antitrust laws, or
any State law similar to any of the antitrust laws, on account of
setting or agreeing to rates of return or other terms for,
negotiating, issuing, participating in, implementing, or otherwise
being involved in the planning, issuance, or payment of charitable
gift annuities or charitable remainder trusts shall have immunity
from suit under the antitrust laws, including the right not to bear
the cost, burden, and risk of discovery and trial, for the conduct
set forth in this subsection.
(c) Treatment of certain annuities and trusts
Any annuity treated as a charitable gift annuity, or any trust
treated as a charitable remainder trust, either -
(1) in any filing by the donor with the Internal Revenue
Service; or
(2) in any schedule, form, or written document provided by or
on behalf of the donee to the donor;
shall be conclusively presumed for the purposes of this section and
section 37a of this title to be respectively a charitable gift
annuity or a charitable remainder trust, unless there has been a
final determination by the Internal Revenue Service that, for fraud
or otherwise, the donor's annuity or trust did not qualify
respectively as a charitable gift annuity or charitable remainder
trust when created.
(d) Limitation
Subsections (a) and (b) of this section shall not apply with
respect to the enforcement of a State law similar to any of the
antitrust laws, with respect to charitable gift annuities, or
charitable remainder trusts, created after the State enacts a
statute, not later than December 8, 1998, that expressly provides
that subsections (a) and (b) of this section shall not apply with
respect to such charitable gift annuities and such charitable
remainder trusts.
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